senate Bill S7835

Establishes a 10 day waiting period for the purchase of any firearm

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 13 / Aug / 2012
    • REFERRED TO RULES

Summary

Establishes a 10 day waiting period for the purchase of any firearm; violations of such provisions shall constitute a class A misdemeanor.

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Bill Details

Versions:
S7835
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add Art 38-B §§825 - 828, Gen Bus L

Sponsor Memo

BILL NUMBER:S7835

TITLE OF BILL:

An act to amend the general business law, in relation to establishing
a waiting period for the purchase of a firearm

PURPOSE:

The purpose of this legislation is to impose a 10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new Article 38-B to the General Business
Law in relation to establishing a waiting period for the purchase of a
firearm.

* Section 825 defines certain terms.

* Section 826 provides that no dealer in firearms shall deliver any
firearm, and no such person shall take possession of any firearm from
a dealer in firearms unless: (a) ten days have elapsed from the date
such seller initiated the national instant background check of the
purchaser; and (b) such dealer received notice that the purchaser has
passed all background checks required by federal, state and local law.

* Section 827 provides exemptions to the article.

* Section 828 provides that a violation of the article shall be a
class A misdemeanor.

Section 2 provides the effective date.

JUSTIFICATION:

Laws imposing a waiting period prior to the sale of a firearm give law
enforcement officials adequate time to perform a thorough background
check on the prospective purchaser, and provide a 'cooling off' period
to help guard against impulsive acts of violence.

There is no federal waiting period. Under federal law, a dealer may
transfer a firearm to a prospective purchaser as soon as he or she
passes a background check. If the Federal Bureau of Investigation
(FBI) is unable to complete a background check within three business
days, the dealer may complete the transfer by default.

In 2007, the FBI was unable to complete a background check within
three business days for over 134,000 firearm transactions, and such
agency determined that at least 355 ineligible persons had been sold
firearms by default within that year. FBI investigations of prohibited
purchasers who were allowed to buy firearms by default typically take
25 days to complete. As a result, the FBI has recommended extending


the maximum time allowed for conducting background checks to allow
more time to complete such checks and to reduce the number of
prohibited purchasers who are able to purchase firearms by default.

The American public overwhelming supports laws imposing a waiting
period prior to the sale of a firearm. A nationwide poll conducted in
June, 2008 found that 86% of Americans favor such laws.

The purpose of this legislation is to impose a 10-day waiting period
prior to the sale of any firearm as a means to improve public safety
by giving law enforcement officials sufficient time to conduct a
background check on prospective purchasers, and by eliminating
opportunities for impulsive acts of violence.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall become
a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7835

                            I N  S E N A T E

                             August 13, 2012
                               ___________

Introduced  by Sens. GIANARIS, ADAMS, ADDABBO, AVELLA, BRESLIN, HASSELL-
  THOMPSON, KRUEGER, MONTGOMERY, OPPENHEIMER, PERKINS, RIVERA,  SERRANO,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Rules

AN ACT to amend the general business law, in relation to establishing  a
  waiting period for the purchase of a firearm

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
38-B to read as follows:
                              ARTICLE 38-B
                     WAITING PERIOD FOR PURCHASE OF
                                FIREARMS
SECTION 825. DEFINITIONS.
        826. WAITING PERIOD.
        827. EXEMPTIONS.
        828. PENALTY.
  S 825. DEFINITIONS. AS USED IN THIS SECTION:
  1.  "DEALER IN FIREARMS" HAS THE SAME MEANING AS THAT TERM IS  DEFINED
IN SUBDIVISION NINE OF SECTION 265.00 OF THE PENAL LAW.
  2.  "FIREARM" HAS THE SAME MEANING AS THAT TERM IS DEFINED IN SUBDIVI-
SION THREE OF SECTION 265.00 OF THE PENAL LAW.
  S 826. WAITING  PERIOD.  NO  DEALER  IN  FIREARMS  SHALL  DELIVER  ANY
FIREARM, AND NO PERSON SHALL TAKE POSSESSION OF ANY FIREARM FROM A DEAL-
ER IN FIREARMS UNLESS:
  1.  TEN  DAYS  HAVE  ELAPSED  FROM  THE DATE SUCH DEALER INITIATED THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK OF THE PURCHASER AS  REQUIRED
BY  18  U.S.C.  S  922(T),  AFTER RECEIVING A COMPLETED FEDERAL FIREARMS
TRANSACTION RECORD, FORM 4473, FROM THE PURCHASER; AND
  2. SUCH DEALER HAS RECEIVED NOTICE THAT THE PURCHASER HAS  PASSED  ALL
BACKGROUND CHECKS REQUIRED BY FEDERAL, STATE AND LOCAL LAW.
  S  827.  EXEMPTIONS.  SECTION EIGHT HUNDRED TWENTY-SIX OF THIS ARTICLE
SHALL NOT APPLY TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16413-03-2

S. 7835                             2

  1. ANY LAW ENFORCEMENT OR CORRECTIONAL AGENCY, OR  POLICE  OFFICER  OR
CORRECTIONS  OFFICER  ACTING  WITHIN  THE  COURSE OR SCOPE OF HIS OR HER
EMPLOYMENT;
  2.  ANY  FEDERAL  OFFICER OR EMPLOYEE AUTHORIZED TO POSSESS OR CARRY A
FIREARM IN THE COURSE OF HIS OR HER DUTIES, AND ANY MEMBER OF THE  ARMED
FORCES OF THE UNITED STATES OR THE NATIONAL GUARD;
  3.  ANY  MANUFACTURER,  DISTRIBUTOR  OR DEALER OF FIREARMS WHEN TRANS-
FERRING WEAPONS TO A MANUFACTURER, DISTRIBUTOR OR DEALER;
  4. ANY GUNSMITH LICENSED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,
RECEIVING A FIREARM FOR SERVICE OR REPAIR; AND
  5.  ANY  COMMON  CARRIER OR OTHER PERSON ENGAGED, IN THE COURSE OF ITS
BUSINESS, IN THE BUSINESS OF STORING OR TRANSPORTING GOODS.
  S 828. PENALTY. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS ARTICLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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